and passing along in their order what was known as "skeleton bills”—bills with simply a head, but no body, the latter being af terward supplied.*

But the chief feature of the constitution of 1848 was its rigid economy. The salary of the governor was fixed at $1,500; supreme judges-three, made elective-$1,200 each; circuit judges, $1,000 each; auditor of public accounts, $1,000; treasurer and secretary of State, each, 8800; the compensation of members of the general assembly was fixed at $2 per day for the first 42 days' attendance, and $1 a day thereafter. It was a hard times' instrument. Retrenchment in everything, as inaugurated by Gov. Ford and then with severity being carried out by Gov. French, was the order of the day. But in this particular the constitution rather overdid the thing. The true medium between paying ou elective servants a just compensation and allowing our represent atives the exercise of a sound discretion in all the transactions of public business, and at the same time to bind them down so that they may work no mischief or injury to those who choose and delegate them, is, perhaps, difficult of attainment. It is one of the problems connected with a representative form of government.

In evidencing the severe economy of the new organic act, we will mention that the amount of warrants drawn upon the treasurer on account of the general assembly for the session of 1845 was over $55,000; and that the total amount of mileage and per diem compensation paid to the members and officers of the two houses for the first session under the new regime in 1849, was not quite $15,000, a material reduction-exceeding 300 per centum. But in this connection, to show that we are a progressive people, and at the same time indicate the proficiency which our Solons have attained in the "ways that are dark", we will give the total amount of legislative expenditures for the same purposes on account of the last session, that of 1869, under the same economical constitution, which were $206,181, exclusive of printing, paper and binding, making nearly $75,000 more. The four items of newspapers, stationery, postage and pocket-knives alone amounted to $54,322.t

The salary of the governor, it was provided, was "not to be increased or diminished;" and by way of emphasis in fixing the compensation of the other officers which we have enumerated, the words "and no more" were added. Yet by indirection, under pretense of paying a gardener to take charge of the grounds surrounding the executive mansion, we find in 1861 $2,500 was appropriated to be expended or not by the governor, as he pleased, being intended as an increase of his salary. Afterwards this unlawful gift was annually increased to $4,500. Indeed, the auditor's office. shows that the incumbents of the executive office have received, from December, 1860, to December, 1872, twelve years, $66,000, to which they were not entitled. All the State offices became immensely profitable in fees-running the emoluments of their incumbents into thousands of dollars, instead of the hundreds fixed by the constitution. The compensation of the supreme judges was evasively increased to $4,000, by allowing them each a chief

"See debate in senate, Feb., 1857. +Convention Journal 1870. p. 218

clerk at $1,600 and $1,200 for an assistant (neither of which they employed), instead of $1,200, their constitutional salary; and to the circuit judges, in defiance of the words $1,000" and no more," were yearly given an additional $1,000 each, for revisions and suggestions of changes in the laws, a labor which they were not expected to, and did not, perform; besides which a docket fee of $1 for each suit brought was wrung out of litigants, also for their benefit. But the abuses which crept into the legislative departmeut were still grosser and more alarming. The per diem compensation of members, which for the session of 1861, for instance, amounted to $8,800, was supplemented by postage $8,892, newspapers $1,1812, pencils $2,664, few of which items were actually received, but the money taken in place of them, on "commutation" as it was called with State officers, and thus by indirection they got $8 per day each, instead of $2 "and no more." The practice was subsequently increased by various subterfuges of rent for committee rooms never used nor paid for, &c., to sometimes amount to more than $20 a day for each member. Ten cents a mile was allowed to each as necessary traveling expenses to and from the seat of government. While it would be difficult to travel more than 200 miles from any point in the State to the capital, the journals show honorable members to have charged and received pay for 1,200 miles going and coming. Thus did our public servants debauch themselves, one department the other. But notwithstanding its abuses, the constitution of 1848 was, in many particulars, a great improvement upon that of 1818.

That the whigs had succeeded more than the democrats in stamping that instrument with their principles, soon had its influence. The whig press advocated its adoption constantly and urgently, while the democratic press, where it did not oppose, was lukewarm in its advocacy, yet candor compelled an acknowledg ment that the elective principle as applied to every important office was a thoroughly democratic idea, which covered a multitude of bad provisions; that on the whole, the new was preferable to the old, and it justly regretted the "abrogation of the provision permitting foreigners to a participation in the right of suffrage after a residence of 6 months, the same as the most unlettered native," predicting that that would prove pernicious by diverting emigration from the State. No evil had resulted, and, it may be added, never will, from admitting foreigners to this privilege. It is a most foolish proscription. The provision limiting the power of the State to borrow money, and prohibiting the credit and faith of the State in aid of any individual or corporation, was a most ex

cellent one.

The people had ample time to consider its provisions, and they did not fail to see its great superiority over the old organic law. For the points of party significance in it, which at best might prove but transitory, they could not afford to throw away the many safo and excellent limitations for their protection against the chances of a wild, reckless and extravagant legislature to involve them in ruin.

The black clause-prohibiting negro immigration-met with considerable opposition in the northern part of the State, particu larly in Cook county, which voted two to one against it; but the

greatest general opposition was to the 2 mill tax. The following is the vote upon the constitution and the separate articles: For the constitution proper, 59,887; against it, 15,859. For article XIV-negro clause, 49,066; against it, 20,884. For article XV-2 mill tax, 41,017; against it, 30,586.

The vote for ratification or rejection was taken on the first Mon. day in March, 1848; and the new constitution went into operation on the first of April following. The election of governor was anticipated two years, and accordingly the first general election under it took place in November, 1848. The commencement of the regu lar legislative sessions was deferred from December to January, the first convening at that time in 1849.

CHAPTER XLV.

1846-1852-ADMINISTRATION OF GOVERNOR FRENCH.

Lives and Character of the Gubernatorial Candidates—Funding of the State Debt-Refusal of the People to give the Legislature Control of the 2 Mill Tax-Township Organization-Homestead Exemption-The Bloody Island Dike and a Speck of War— State Policy regarding Railroads.

The Democratic State Convention of 1846, to nominate candidates for governor and lieutenant governor, met at Springfield on the 10th of February. There was no lack of aspirants for either of these positions. In connection with the first we will name six in the order of their supposed strength, before the meeting of the convention Lyman Trumbull, John Calhoun, (he of subsequent Lecompton Constitution notoriety), Augustus C. French, Walter B. Scates, Richard M. Young, and A. W. Cavarly, an array of very able and prominent names. The contest was supposed to lie between the first two mentioned, but the balloting gave a different exhibit. After sundry efforts by their friends, it was found that neither could be nominated, and as usual in such cases, both parties went over to the support of another. Trumbull received the highest number on the first ballot, it is true, but French, as the coming man, was already next, and on the 2d ballot advanced to the front. On the 4th ballot all the names except those of French, Calhoun and Trumbull being withdrawn, the friends of Calhoun, fearing the ultimate success of Trumbull, also withdrew his name. The friends of Trumbull saw in this move their inevitable defeat, and for the sake of harmony, they also withdrew the name of the latter. French was thereupon proclaimed the nominee of the convention for governor, amidst a great tumult of shouting and exultation. Owing to the many able and determined democratic aspirants, and the strong attachment of their respective friends, the whigs had indulged a hope that the convention would break up in disorder, but in this they were disappointed. Trumbull's effort in 1845 to defeat the canal had been revived against him and industriously circulated by Gov. Ford and others, as being still his position, which doubtless proved his discomfiture.

For lieutenant-governor, the names of J. B. Wells, Lewis Ross, William McMurtry, Newton Cloud, J. B. Hamilton and W. W. Thompson, were presented for nomination. On the 4th ballot all the names except the first two mentioned, were withdrawn, when the voting resulted in the choice of Wells, who received 132 to

Ross 95 ballots. The resolutions adopted strongly condemned the resuscitation of the old State banks, and declared against any more of any kind in this State.*

The whigs, who were in a hopeless minority, seemed averse for a time to holding a State convention. Their press discussed the idea of some suitable candidate running by general consent without nomination. Names to this end were proposed, of which we may mention that of James Davis, of Bond. It was also proposed that the Whig State Central Committee should make the ticket. Finally, on the 8th of June, a convention was held at Peoria, over which Major Richard Cullom, of Tazewell, presided, which nominated Thomas M. Kilpatrick, of Scott, for governor, and Gen. Nathaniel G. Wilcox, of Schuyler, for lieutenant-governor.f

Kilpatrick was born in Crawford county, Penn., in 1807. His early education consisted solely in instruction from his mother. He lost his father at the age of 15, became a mechanic, married in 1828, and removed to Illinois in 1834. In 1840 he beat Murray McConnel for the State senate. In 1844 he was elected to the lower house of the legislature, where he was greatly instrumental in the passage of the school law of that period. He was a man of easy manners, pleasant address, strong, practical sense, and withal quite a forcible speaker on the stump. In this campaign, however, he deemed it doubtless a waste of time to canvass the State, and contented himself with issuing an address to the people, in which he opposed repudiation of the State debt and argued the ample resources of the State to pay, if properly developed. He looked forward to the completion of the canal as a means to arouse the despondent energies of the people. As Illinois was then the only State destitute of banking facilities, he favored banks based exclusively on specie; and a revision of the constitu tion (a convention call for that purpose was then pending before the people), saying: "At the commencement of the session, the capitol is crowded with aspirants from different parts of the State seeking different offices; each has his friends among the members; a system of electioneering intrigue and log-rolling commences, which enters into the discussion and passage of almost every bill, until these offices are disposed of; and it is not unfrequently the case that the success of the most important measures of State policy depend upon the election of some little fourth-rate lawyer to the office of district attorney. I attributed the bad legislation mainly to this influence."

In the campaign, the whigs exposed Gov. French's record and connection with the passage of the internal improvement system, and urged it against his election; but in the meantime the war with Mexico broke out, regarding which the whig record was unfavorable. The war was the absorbing and dominating question of the period, sweeping every other political issue in its course. The election of August, 1846, resulted in the choice of the democratic candidate, A. C. French, over Kilpatrick, his principal competitor, by 58,700 votes for the former, to 36,775 votes for the lat ter. We say principal competitor, because Richard Eells (abolition) was running for the same office and received 5,152 votes.

*See Illinois State Register, Feb. 27, 1846.

+Illinois State Journal.

*See Illinois State Journal.